摘要
共同侵权行为作为一种特殊的侵权行为形态,是理论上争论较大的问题,同时也是审判实践中在认定和处理上都存有很大分歧的问题。这不仅导致了法律适用的不确定性,也导致了对当事人权益的司法保护的差异性,通过对共同侵权行为的归责进行法理溯源,结合当前最新的司法解释,阐明了共同侵权行为中使加害人承担连带责任的法理基础,对共同侵权行为类型化进行了分析。
As a special form of tortuous conduct, tortious conduct in common is an issue that is much debated. In the meantime, it is also an issue for which greater difference exists in its ascertainment and resolution in trial practices. It not only led to uncertainty in the application of law but also has brought about variability in the judicial protection of the rights and interests of the parties concerned. This article starts from the jurisprudential origins of the assignment of liability for tortuous conduct in common, integrating the latest judicial constructions and goes on to elaborate on the jurisprudential basis for establishing joint liability of tortfeasors in tortious conduct in common
出处
《北方论丛》
2004年第4期121-124,共4页
The Northern Forum
关键词
共同侵权行为
法理基础
连带责任
类型化
tortuous conduct in common
jurisprudential basis
joint liability
categorization
